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Charities Act 2006

Status:

This is the original version (as it was originally enacted).

Section 75

SCHEDULE 8Minor and consequential amendments

This schedulenoteType=Explanatory Notes has no associated

Literary and Scientific Institutions Act 1854 (c. 112)

1In section 6 of the Literary and Scientific Institutions Act 1854 (power of corporations etc. to convey land for the purposes of that Act) for “without the consent of the Charity Commissioners” substitute “except with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.

Places of Worship Registration Act 1855 (c. 81)

2In section 9(1) of the Places of Worship Registration Act 1855 (certified places exempt from requirement to register)—

(a)for “shall be excepted under subsection (5) of section 3 of the Charities Act 1993, from registration under that section” substitute “shall, so far as it is a charity, be treated for the purposes of section 3A(4)(b) of the Charities Act 1993 (institutions to be excepted from registration under that Act) as if that provision applied to it”, and

(b)for “Charity Commissioners” substitute “Charity Commission”.

Bishops Trusts Substitution Act 1858 (c. 71)

3The Bishops Trusts Substitution Act 1858 has effect subject to the following amendments.

4In section 1 (substitution of one bishop for another as trustee)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

5In section 3 (how costs are to be defrayed) for “said Charity Commissioners” (in both places) substitute “Charity Commission”.

Places of Worship Sites Amendment Act 1882 (c. 21)

6In section 1(d) of the Places of Worship Sites Amendment Act 1882 (conveyance of lands by corporations and other public bodies) for “without the consent of the Charity Commissioners” substitute “except with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.

Municipal Corporations Act 1882 (c. 50)

7In section 133(2) of the Municipal Corporations Act 1882 (administration of charitable trusts and vesting of legal estate) for “Charity Commissioners” substitute “Charity Commission”.

Technical and Industrial Institutions Act 1892 (c. 29)

8In section 9(1) of the Technical and Industrial Institutions Act 1892 (site may be sold or exchanged) for “with the consent of the Charity Commissioners” substitute “with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.

Local Government Act 1894 (c. 73)

9(1)In section 75(2) of the Local Government Act 1894 (construction of that Act) the definition of “ecclesiastical charity” is amended as follows.

(2)In the second paragraph (proviso)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

(3)In the third paragraph (inclusion of other buildings) for “Charity Commissioners” substitute “Charity Commission”.

Commons Act 1899 (c. 30)

10In section 18 of the Commons Act 1899 (power to modify provisions as to recreation grounds)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “their” substitute “its”.

Open Spaces Act 1906 (c. 25)

11The Open Spaces Act 1906 has effect subject to the following amendments.

12In section 3(1) (transfer to local authority of spaces held by trustees for purposes of public recreation) for “Charity Commissioners” substitute “Charity Commission”.

13(1)Section 4 (transfer by charity trustees of open space to local authority) is amended as follows.

(2)In subsection (1), for the words from “and with the sanction” to “as hereinafter provided” substitute “and in accordance with subsection (1A)”.

(3)After subsection (1) insert—

(1A)The trustees act in accordance with this subsection if they convey or demise the open space as mentioned in subsection (1)—

(a)with the sanction of an order of the Charity Commission or with that of an order of the court to be obtained as provided in the following provisions of this section, or

(b)in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable.

(4)In subsection (4)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

14In section 21(1) (application to Ireland)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “Commissioners of Charity Donations and Bequests for Ireland” substitute “the Department for Social Development”.

Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)

15(1)Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collections) is amended as follows.

(2)In subsection (1) for “the benefit of charitable or other purposes,” substitute “any purposes in circumstances not involving the making of a charitable appeal,”.

(3)In paragraph (b) of the proviso to subsection (1) omit the words from “, and no representation” onwards.

(4)In subsection (4) before the definition of “street” insert—

“charitable appeal” has the same meaning as in Chapter 1 of Part 3 of the Charities Act 2006;.

National Trust Charity Scheme Confirmation Act 1919 (c. lxxxiv)

16The National Trust Charity Scheme Confirmation Act 1919 has effect subject to the following amendments.

17In section 1 (confirmation of the scheme) for “Charity Commissioners” substitute “Charity Commission”.

18In paragraph 3 of the scheme set out in the Schedule, for “Charity Commissioners upon such application made to them for the purpose as they think” substitute “Charity Commission upon such application made to it for the purpose as it thinks”.

Settled Land Act 1925 (c. 18)

19In section 29(3) of the Settled Land Act 1925 (charitable and public trusts: saving) for “Charity Commissioners” substitute “Charity Commission”.

Landlord and Tenant Act 1927 (c. 36)

20In Part 2 of the Second Schedule to the Landlord and Tenant Act 1927 (application to ecclesiastical and charity land), in paragraph 2, for “Charity Commissioners” substitute “Charity Commission”.

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

21The Voluntary Hospitals (Paying Patients) Act 1936 has effect subject to the following amendments.

22In section 1 (definitions), in the definition of “Order”, for “Charity Commissioners” substitute “Charity Commission”.

23(1)Section 2 (accommodation for and charges to paying patients) is amended as follows.

(2)In subsections (1), (3) and (4) for “Charity Commissioners” substitute “Charity Commission”.

(3)In subsection (4)—

(a)for “the Commissioners” (in both places) substitute “the Commission”,

(b)for “they” substitute “it”, and

(c)for “their” substitute “its”.

24In section 3(1) (provision for patients able to make some, but not full, payment)—

(a)for “Charity Commissioners are” substitute “Charity Commission is”, and

(b)for “they” substitute “it”.

25In section 4 (provisions for protection of existing trusts)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)in paragraphs (a), (b) and (c) for “they are” substitute “it is”.

26(1)Section 5 (power to make rules) is amended as follows.

(2)In subsection (1)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “they” substitute “it”.

(3)In subsection (3)—

(a)for “Charity Commissioners” (in both places) substitute “Charity Commission”,

(b)for “they” and “them” (in each place) substitute “it”, and

(c)for “an officer” substitute “a member of staff”.

(4)In the sidenote, for “Charity Commissioners” substitute “Charity Commission”.

27In section 6(2) (savings)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

Green Belt (London and Home Counties) Act 1938 (c. xciii)

28In section 20 of the Green Belt (London and Home Counties) Act 1938 (lands held on charitable trusts) for “Charity Commissioners” substitute “Charity Commission”.

New Parishes Measure 1943 (No. 1)

29The New Parishes Measure 1943 has effect subject to the following amendments.

30In section 14(1)(b) (power of corporations etc. to give or grant land for sites of churches, etc.) for “with the sanction of an order of the Charity Commissioners” substitute—

(i)with the sanction of an order of the Charity Commission, or

(ii)in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable;.

31In section 31 (charitable trusts)—

(a)for “the Board of Charity Commissioners” substitute “the Charity Commission”, and

(b)for “the Charity Commissioners” substitute “the Charity Commission”.

Crown Proceedings Act 1947 (c. 44)

32In section 23(3) of the Crown Proceedings Act 1947 (proceedings with respect to which Part 2 of the Act does not apply) for “Charity Commissioners” substitute “Charity Commission”.

London County Council (General Powers) Act 1947 (c. xlvi)

33(1)Section 6 of the London County Council (General Powers) Act 1947 (saving for certain trusts) is amended as follows.

(2)In subsection (2)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)at the end add “; but this is subject to subsection (3)”.

(3)After subsection (2) add—

(3)In relation to any disposition of land falling within section 36(1) of the Charities Act 1993, the Council or the borough council may, instead of acting with the sanction of an order of the court or of the Charity Commission, make the disposition in accordance with such provisions of section 36(2) to (8) of that Act as are applicable.

London County Council (General Powers) Act 1951 (c. xli)

34In section 33(6) of the London County Council (General Powers) Act 1951 (improvement of roadside amenities: saving for certain land) for “Charity Commissioners” substitute “Charity Commission”.

City of London (Various Powers) Act 1952 (c. vi)

35In section 4(6) of the City of London (Various Powers) Act 1952 (improvement of amenities) for “Charity Commissioners” substitute “Charity Commission”.

City of London (Guild Churches) Act 1952 (c. xxxviii)

36In section 35 of the City of London (Guild Churches) Act 1952 (saving of rights of certain persons) for “Charity Commissioners” substitute “Charity Commission”.

London County Council (General Powers) Act 1955 (c. xxix)

37(1)Section 34 of the London County Council (General Powers) Act 1955 (powers as to erection of buildings: saving for certain land and buildings) is amended as follows.

(2)In subsection (2)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)at the end add “; but this is subject to subsection (3)”.

(3)After subsection (2) add—

(3)In relation to any disposition of land falling within section 36(1) of the Charities Act 1993, the Council may, instead of acting with the sanction of an order of the court or of the Charity Commission, make the disposition in accordance with such provisions of section 36(2) to (8) of that Act as are applicable.

Parochial Church Councils (Powers) Measure 1956 (No. 3)

38In section 6(5) of the Parochial Church Councils (Powers) Measure 1956 (consents required for transactions relating to certain property) for “Charity Commissioners” substitute “Charity Commission”.

Recreational Charities Act 1958 (c. 17)

39In section 6 of the Recreational Charities Act 1958 (short title and extent) for subsection (2) substitute—

(2)Section 1 of this Act, as amended by section 5 of the Charities Act 2006, has the same effect in relation to the law of Scotland or Northern Ireland as section 5 of that Act has by virtue of section 80(3) to (6) of that Act.

(3)Sections 1 and 2 of this Act, as in force before the commencement of section 5 of that Act, continue to have effect in relation to the law of Scotland or Northern Ireland so far as they affect the construction of any references to charities or charitable purposes which—

(a)are to be construed in accordance with the law of England and Wales, but

(b)are not contained in enactments relating to matters of the kind mentioned in section 80(4) or (6) of that Act.

Church Funds Investment Measure 1958 (No. 1)

40Section 5 of the Church Funds Investment Measure 1958 (jurisdiction of Charity Commissioners) is omitted.

Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

41The Incumbents and Churchwardens (Trusts) Measure 1964 has effect subject to the following amendments.

42In section 2(3) (property to which Measure applies) for “Charity Commissioners” substitute “Charity Commission”.

43In section 3(6) (vesting of property in diocesan authority: saving) for “Charity Commissioners” substitute “Charity Commission”.

44In section 5 (provisions as to property vested in the diocesan authority) for “Charity Commissioners” substitute “Charity Commission”.

45(1)The Schedule (procedure where diocesan authority is of the opinion that Measure applies to an interest) is amended as follows.

(2)In paragraph 2 for “Charity Commissioners” substitute “Charity Commission”.

(3)In paragraph 3—

(a)for “Charity Commissioners” substitute “Charity Commission”,

(b)for “they think” (in both places) substitute “it thinks”, and

(c)for “the Commissioners” substitute “the Commission”.

(4)In paragraph 5—

(a)for “Charity Commissioners have” substitute “Charity Commission has”, and

(b)for “they” substitute “it”.

Faculty Jurisdiction Measure 1964 (No. 5)

46In section 4(2) of the Faculty Jurisdiction Measure 1964 (sale of books in parochial libraries under a faculty) for “Charity Commissioners” substitute “Charity Commission”.

Industrial and Provident Societies Act 1965 (c. 12)

47In section 7D(4) of the Industrial and Provident Societies Act 1965 (application of sections 7A and 7B to charitable societies) for “Charity Commissioners” substitute “Charity Commission”.

Clergy Pensions (Amendment) Measure 1967 (No. 1)

48In section 4(5) of the Clergy Pensions (Amendment) Measure 1967 (amendments of powers of Board relating to provision of residences) for “Charity Commissioners” and “said Commissioners” substitute “Charity Commission”.

Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)

49In article 11(3) of the order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (exercise of powers under articles 7 to 10 of the order) for “Charity Commissioners” substitute “Charity Commission”.

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

50The Redundant Churches and other Religious Buildings Act 1969 has effect subject to the following amendments.

51(1)Section 4 (transfer of certain redundant places of worship) is amended as follows.

(2)In subsections (6), (7) and (8) for “Charity Commissioners” substitute “Charity Commission”.

(3)In subsection (6) for “Commissioners'” substitute “Commission's”.

(4)In subsection (8) for “they have” substitute “it has”.

(5)After subsection (8) insert—

(8A)Schedule 1C to the Charities Act 1993 shall apply in relation to an order made by virtue of subsection (8) above as it applies in relation to an order made under section 16(1) of that Act.

52In section 7(2) (saving) for “Charity Commissioners” (in both places) substitute “Charity Commission”.

Children and Young Persons Act 1969 (c. 54)

53In Schedule 3 to the Children and Young Persons Act 1969 (approved schools and other institutions), in paragraph 6(3), for “Charity Commissioners” substitute “Charity Commission”.

Synodical Government Measure 1969 (No. 2)

54(1)Schedule 3 to the Synodical Government Measure 1969 (which sets out the Church Representation Rules) is amended as follows.

(2)In Rule 46A(a)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

(3)In Section 4 of Appendix I to those Rules (which sets out certain forms), in Note 3—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

(4)In Section 6 of that Appendix, in the Note—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

(5)In Appendix II to those Rules (general provisions relating to parochial church councils), in paragraph 16, for “Charity Commissioners” substitute “Charity Commission”.

Local Government Act 1972 (c. 70)

55In section 131(3) of the Local Government Act 1972 (savings in relation to charity land) for “Charity Commissioners” substitute “Charity Commission”.

Consumer Credit Act 1974 (c. 39)

56In section 16 of the Consumer Credit Act 1974 (exempt agreements), in the table in subsection (3A) and in subsections (8) and (9), for “Charity Commissioners” substitute “Charity Commission”.

Sex Discrimination Act 1975 (c. 65)

57In section 21A of the Sex Discrimination Act 1975 (public authorities) in paragraph 14 in the Table of Exceptions in subsection (9), for “Charity Commissioners for England and Wales” substitute “Charity Commission”.

Endowments and Glebe Measure 1976 (No. 4)

58The Endowments and Glebe Measure 1976 has effect subject to the following amendments.

59In section 11(2) (extinguishment of certain trusts) for “the Charity Commissioners” substitute “the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.

60In section 18(2) (means by which land may become diocesan) for “Charity Commissioners” substitute “Charity Commission”.

Interpretation Act 1978 (c. 30)

61In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) for the definition of “Charity Commissioners” substitute—

“Charity Commission” means the Charity Commission for England and Wales established by section 1A of the Charities Act 1993.

Dioceses Measure 1978 (No. 1)

62The Dioceses Measure 1978 has effect subject to the following amendments.

63In section 5(1) (preparation of draft scheme: meaning of “interested parties”), in paragraph (e), for “the Charity Commissioners” substitute “the Charity Commission”.

64In section 19(4) (schemes with respect to discharge of functions of diocesan bodies corporate, etc.) for “Charity Commissioners” substitute “Charity Commission”.

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

65In section 6 of the Disused Burial Grounds (Amendment) Act 1981 (saving for Charity Commission) for “Charity Commissioners” substitute “Charity Commission”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

66In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) for paragraph 1(2)(j) substitute—

(j)conducting a public charitable collection that—

(i)is conducted in accordance with section 48 or 49 of the Charities Act 2006, or

(ii)is an exempt collection by virtue of section 50 of that Act.

Administration of Justice Act 1982 (c. 53)

67In section 41(1) of the Administration of Justice Act 1982 (transfer of funds in court to official custodian for charities and Church Commissioners) for “Charity Commissioners” substitute “Charity Commission”.

Pastoral Measure 1983 (No. 1)

68The Pastoral Measure 1983 has effect subject to the following amendments.

69In section 55(1) (schemes under the Charities Act 1993 for redundant chapels belonging to charities) for “Charity Commissioners” substitute “Charity Commission”.

70In section 63(4) (trusts for the repair etc. of redundant buildings and contents) for “the Charity Commissioners given under the hand of an Assistant Commissioner” substitute “the Charity Commission”.

71In section 76(1) (grant of land for new churches etc. and vesting of certain churches) for “Charity Commissioners” substitute “Charity Commission”.

72In Schedule 3, in paragraph 11(1), (2), (6) and (7), for “Charity Commissioners” substitute “Charity Commission”.

Rates Act 1984 (c. 33)

73In section 3(9) of the Rates Act 1984 (expenditure levels) for “, or excepted from registration, under section 3 of the Charities Act 1993” substitute “in accordance with section 3A of the Charities Act 1993 or not required to be registered (by virtue of subsection (2) of that section)”.

Companies Act 1985 (c. 6)

74The Companies Act 1985 has effect subject to the following amendments.

75(1)Section 380 (registration of resolutions) is amended as follows.

(2)In subsection (4), at the beginning insert “Except as mentioned in subsection (4ZB),”.

(3)After subsection (4ZA) insert—

(4ZB)Paragraphs (a) and (c) of subsection (4) do not apply to the resolutions of a charitable company mentioned in paragraphs (a) and (b) respectively of section 69G(6) of the Charities Act 1993.

76In Schedule 15D (permitted disclosures of information), in paragraph 21, for “Charity Commissioners to exercise their” substitute “Charity Commission to exercise its”.

Housing Act 1985 (c. 68)

77(1)Section 6A of the Housing Act 1985 (definition of “Relevant Authority”) is amended as follows.

(2)In subsection (2) for “Charity Commissioners” substitute “Charity Commission”.

(3)In subsection (5)—

(a)for “under section 3” substitute “in accordance with section 3A”, and

(b)omit the words from “and is not” onwards.

Housing Associations Act 1985 (c. 69)

78In section 10(1) of the Housing Associations Act 1985 (dispositions excepted from section 9 of that Act) for “Charity Commissioners” (in both places) substitute “Charity Commission”.

Agricultural Holdings Act 1986 (c. 5)

79In section 86(4) of the Agricultural Holdings Act 1986 (power of landlord to obtain charge on holding) for “Charity Commissioners” substitute “Charity Commission”.

Coal Industry Act 1987 (c. 3)

80(1)Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as follows.

(2)In subsection (1)—

(a)for “Charity Commissioners” (in the first place) substitute “Charity Commission (“the Commission”)”,

(b)for “to them” substitute “to the Commission”,

(c)for “Charity Commissioners” (in the second place) substitute “Commission”, and

(d)for “they consider” substitute “the Commission considers”.

(3)In subsection (2) for “Charity Commissioners consider” (in both places) substitute “Commission considers”.

(4)In subsections (4) and (6) for “Charity Commissioners” substitute “Commission”.

(5)In subsection (7)—

(a)for “Charity Commissioners” substitute “Commission”,

(b)for “their powers” substitute “its powers”,

(c)for “they consider” substitute “it considers”, and

(d)for “the Charities Act 1960” substitute “the Charities Act 1993”.

(6)In subsection (8)—

(a)for “16(3), (9), (11) to (14)” substitute “16(3) and (9)”,

(b)for “and 20” substitute “, 20 and 20A”,

(c)for “Charity Commissioners” substitute “Commission”,

(d)for “their powers” substitute “its powers”, and

(e)for “91 and 92” substitute “and 91”.

(7)In subsection (8A)—

(a)for “Commissioners” (in both places) substitute “Commission”,

(b)for “they were proceeding” substitute “the Commission was proceeding”, and

(c)for “to them” substitute “to it”.

(8)After subsection (8A) insert—

(8B)Schedule 1C to the Charities Act 1993 shall apply in relation to an order made under this section as it applies in relation to an order made under section 16(1) of that Act.

(9)In subsection (9) for “Charity Commissioners” substitute “Commission”.

(10)In subsection (10)(b) for “Charity Commissioners” substitute “Commission”.

Reverter of Sites Act 1987 (c. 15)

81The Reverter of Sites Act 1987 has effect subject to the following amendments.

82(1)Section 2 (Charity Commissioners' schemes) is amended as follows.

(2)In subsection (1) for “Charity Commissioners” substitute “Charity Commission”.

(3)For subsection (3) substitute—

(3)The charitable purposes specified in an order made under this section on an application with respect to any trust shall be such as the Charity Commission consider appropriate, having regard to the matters set out in subsection (3A).

(3A)The matters are—

(a)the desirability of securing that the property is held for charitable purposes (“the new purposes”) which are close to the purposes, whether charitable or not, for which the trustees held the relevant land before the cesser of use in consequence of which the trust arose (“the former purposes); and

(b)the need for the new purposes to be capable of having a significant social or economic effect.

(3B)In determining the character of the former purposes, the Commission may, if they think it appropriate to do so, give greater weight to the persons or locality benefited by those purposes than to the nature of the benefit.

(4)In subsection (5)—

(a)for “Charity Commissioners” substitute “Charity Commission”,

(b)in paragraph (c), for “Commissioners'” and “them” substitute “Commission's” and “it”, and

(c)in paragraph (d), for “Commissioners have” substitute “Commission has”.

(5)In subsection (7) for “Charity Commissioners” substitute “Charity Commission”.

(6)In subsection (8)—

(a)for “Commissioners'” substitute “Commission's”,

(b)for “they think” substitute “it thinks”, and

(c)for “Commissioners decide” substitute “Commission decides”.

(7)In the sidenote, for “Charity Commissioners'” substitute “Charity Commission's”.

83(1)Section 4 (provisions supplemental to sections 2 and 3) is amended as follows.

(2)In subsection (1)—

(a)for “Charity Commissioners think” substitute “Charity Commission thinks”;

(b)for “Commissioners'” substitute “Commission's”; and

(c)for “the Commissioners think” substitute “the Commission thinks”.

(3)For subsections (2) and (3) substitute—

(2)Schedule 1C to the Charities Act 1993 shall apply in relation to an order made under section 2 above as it applies in relation to an order made under section 16(1) of that Act, except that the persons who may bring an appeal against an order made under section 2 above are—

(a)the Attorney General;

(b)the trustees of the trust established under the order;

(c)a beneficiary of, or the trustees of, the trust in respect of which the application for the order had been made;

(d)any person interested in the purposes for which the last-mentioned trustees or any of their predecessors held the relevant land before the cesser of use in consequence of which the trust arose under section 1 above;

(e)any two or more inhabitants of the locality where that land is situated;

(f)any other person who is or may be affected by the order.

(4)In subsection (4)—

(a)for “Sections 89, 91 and 92” substitute “Sections 89 and 91”, and

(b)omit “and appeals” and (in both places) “, and to appeals against,”.

84In section 5(3) (orders under section 554 of the Education Act 1996)—

(a)for “Charity Commissioners” (in both places) substitute “Charity Commission”;

(b)for “the Commissioners” substitute “the Commission”; and

(c)for “them” substitute “it”.

Education Reform Act 1988 (c. 40)

85For section 125A of the Education Reform Act 1988 substitute—

125ACharitable status of a higher education corporation

A higher education corporation shall be a charity within the meaning of the Charities Act 1993 (and in accordance with Schedule 2 to that Act is an exempt charity for the purposes of that Act).

Courts and Legal Services Act 1990 (c. 41)

86In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice) for the entry beginning “Charity Commissioner” substitute “Member of the Charity Commission appointed as provided in Schedule 1A to the Charities Act 1993”.

London Local Authorities Act 1991 (c. xiii)

87In section 4 of the London Local Authorities Act 1991 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, for the words from “under section 3” to “that section” substitute “in accordance with section 3A of the Charities Act 1993 or is not required to be registered (by virtue of subsection (2) of that section)”.

Further and Higher Education Act 1992 (c. 13)

88For section 22A of the Further and Higher Education Act 1992 substitute—

22ACharitable status of a further education corporation

A further education corporation shall be a charity within the meaning of the Charities Act 1993 (and in accordance with Schedule 2 to that Act is an exempt charity for the purposes of that Act).

Charities Act 1992 (c. 41)

89The 1992 Act has effect subject to the following amendments.

90(1)Section 58 (interpretation of Part 2) is amended as follows.

(2)In subsection (1) after the definition of “institution” insert—

“the Minister” means the Minister for the Cabinet Office;.

(3)In subsection (2)—

(a)in paragraph (c) for “to be treated as a promoter of such a collection by virtue of section 65(3)” substitute “a promoter of such a collection as defined in section 47(1) of the Charities Act 2006”, and

(b)for “Part III of this Act” substitute “Chapter 1 of Part 3 of the Charities Act 2006”.

(4)In subsection (4) for “whether or not the purposes are charitable within the meaning of any rule of law” substitute “as defined by section 2(1) of the Charities Act 2006”.

91Omit Part 3 (public charitable collections).

92In section 76(1) (service of documents) omit paragraph (c) and the “and” preceding it.

93(1)Section 77 (regulations and orders) is amended as follows.

(2)In subsection (1)(b) for “subsection (2)” substitute “subsections (2) and (2A)”.

(3)After subsection (2) insert—

(2A)Subsection (1)(b) does not apply to regulations under section 64A, and no such regulations may be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(4)In subsection (4)—

(a)after “64” insert “or 64A”; and

(b)omit “or 73”.

94In section 79 (short title, commencement and extent) omit—

(a)in subsection (6), the words “(subject to subsection (7))”, and

(b)subsection (7).

95In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31).

Charities Act 1993 (c. 10)

96The 1993 Act has effect subject to the following amendments.

97In the heading for Part 1, for “Charity Commissioners” substitute “Charity Commission”.

98(1)Section 2 (official custodian for charities) is amended as follows.

(2)For subsection (2) substitute—

(2)Such individual as the Commission may from time to time designate shall be the official custodian.

(3)In subsection (3), for “Commissioners” (in both places) substitute “Commission”.

(4)In subsection (4)—

(a)for “officer of the Commissioners” substitute “member of the staff of the Commission”, and

(b)for “by them” substitute “by it”.

(5)In subsection (7) omit the words from “, and the report” onwards.

(6)After subsection (7) add—

(8)The Comptroller and Auditor General shall send to the Commission a copy of the accounts as certified by him together with his report on them.

(9)The Commission shall publish and lay before Parliament a copy of the documents sent to it under subsection (8) above.

99(1)Section 4 (claims and objections to registration) is amended as follows.

(2)In subsection (2)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “to them” substitute “to the Commission”.

(3)Omit subsection (3).

(4)In subsection (4)—

(a)for “High Court” substitute “Tribunal”,

(b)for “the Commissioners” (in the first and third places) substitute “the Commission”, and

(c)for “the Commissioners are” substitute “the Commission is”.

(5)In subsection (5)—

(a)for “subsection (3) above” substitute “Schedule 1C to this Act”,

(b)for “the Commissioners” (in both places) substitute “the Commission”, and

(c)omit “, whether given on such an appeal or not”.

100(1)Section 6 (power to require charity’s name to be changed) is amended as follows.

(2)For “Commissioners” (in each place including the sidenote) substitute “Commission”.

(3)In subsection (5) for “section 3(7)(b) above” substitute “section 3B(3)”.

101For the heading for Part 3 substitute “Information Powers”.

102(1)Section 8 (power to institute inquiries) is amended as follows.

(2)In subsection (1) for “The Commissioners” substitute “The Commission”.

(3)In subsection (2)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “themselves” substitute “itself”, and

(c)for “to them” substitute “to the Commission”.

(4)In subsection (3) for “the Commissioners, or a person appointed by them” substitute “the Commission, or a person appointed by the Commission”.

(5)In subsection (5) for “The Commissioners” substitute “The Commission”.

(6)In subsection (6)—

(a)for “the Commissioners” substitute “the Commission”,

(b)for “they think” substitute “the Commission thinks”,

(c)for “their opinion” substitute “the Commission’s opinion”, and

(d)for “to them” substitute “to the Commission”.

(7)In subsection (7) for “the Commissioners” substitute “the Commission”.

103(1)Section 9 (power to call for documents and search records) is amended as follows.

(2)In subsection (1)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “furnish them” (in both places) substitute “furnish the Commission”,

(c)for “their functions” (in both places) substitute “the Commission’s functions”, and

(d)for “them for their” substitute “the Commission for its”.

(3)In subsection (2)—

(a)for “officer of the Commissioners, if so authorised by them” substitute “member of the staff of the Commission, if so authorised by it”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

(4)In subsection (3)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “to them” (in the first place) substitute “to it”,

(c)for “to them” (in the second place) substitute “to the Commission”,

(d)for “their inspection” substitute “it to inspect”, and

(e)for “the Commissioners” substitute “the Commission”.

(5)After subsection (5) add—

(6)In subsection (2) the reference to a member of the staff of the Commission includes the official custodian even if he is not a member of the staff of the Commission.

104For section 10 substitute—

10Disclosure of information to Commission

(1)Any relevant public authority may disclose information to the Commission if the disclosure is made for the purpose of enabling or assisting the Commission to discharge any of its functions.

(2)But Revenue and Customs information may be disclosed under subsection (1) only if it relates to an institution, undertaking or body falling within one (or more) of the following paragraphs—

(a)a charity;

(b)an institution which is established for charitable, benevolent or philanthropic purposes;

(c)an institution by or in respect of which a claim for exemption has at any time been made under section 505(1) of the Income and Corporation Taxes Act 1988;

(d)a subsidiary undertaking of a charity;

(e)a body entered in the Scottish Charity Register which is managed or controlled wholly or mainly in or from England or Wales.

(3)In subsection (2)(d) above “subsidiary undertaking of a charity” means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which—

(a)a charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or

(b)two or more charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions.

(4)For the purposes of the references to a parent undertaking—

(a)in subsection (3) above, and

(b)in section 258 of, and Schedule 10A to, the Companies Act 1985 as they apply for the purposes of that subsection,

  • “undertaking” includes a charity which is not an undertaking as defined by section 259(1) of that Act.

10ADisclosure of information by Commission

(1)Subject to subsections (2) and (3) below, the Commission may disclose to any relevant public authority any information received by the Commission in connection with any of the Commission’s functions—

(a)if the disclosure is made for the purpose of enabling or assisting the relevant public authority to discharge any of its functions, or

(b)if the information so disclosed is otherwise relevant to the discharge of any of the functions of the relevant public authority.

(2)In the case of information disclosed to the Commission under section 10(1) above, the Commission’s power to disclose the information under subsection (1) above is exercisable subject to any express restriction subject to which the information was disclosed to the Commission.

(3)Subsection (2) above does not apply in relation to Revenue and Customs information disclosed to the Commission under section 10(1) above; but any such information may not be further disclosed (whether under subsection (1) above or otherwise) except with the consent of the Commissioners for Her Majesty’s Revenue and Customs.

(4)Any responsible person who discloses information in contravention of subsection (3) above is guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(5)It is a defence for a responsible person charged with an offence under subsection (4) above of disclosing information to prove that he reasonably believed—

(a)that the disclosure was lawful, or

(b)that the information had already and lawfully been made available to the public.

(6)In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (4) is to be read as a reference to 6 months.

(7)In this section “responsible person” means a person who is or was—

(a)a member of the Commission,

(b)a member of the staff of the Commission,

(c)a person acting on behalf of the Commission or a member of the staff of the Commission, or

(d)a member of a committee established by the Commission.

10BDisclosure to and by principal regulators of exempt charities

(1)Sections 10 and 10A above apply with the modifications in subsections (2) to (4) below in relation to the disclosure of information to or by the principal regulator of an exempt charity.

(2)References in those sections to the Commission or to any of its functions are to be read as references to the principal regulator of an exempt charity or to any of the functions of that body or person as principal regulator in relation to the charity.

(3)Section 10 above has effect as if for subsections (2) and (3) there were substituted—

(2)But Revenue and Customs information may be disclosed under subsection (1) only if it relates to—

(a)the exempt charity in relation to which the principal regulator has functions as such, or

(b)a subsidiary undertaking of the exempt charity.

(3)In subsection (2)(b) above “subsidiary undertaking of the exempt charity” means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which—

(a)the exempt charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or

(b)the exempt charity and one or more other charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions.

(4)Section 10A above has effect as if for the definition of “responsible person” in subsection (7) there were substituted a definition specified by regulations under section 13(4)(b) of the Charities Act 2006 (regulations prescribing principal regulators).

(5)Regulations under section 13(4)(b) of that Act may also make such amendments or other modifications of any enactment as the Secretary of State considers appropriate for securing that any disclosure provisions that would otherwise apply in relation to the principal regulator of an exempt charity do not apply in relation to that body or person in its or his capacity as principal regulator.

(6)In subsection (5) above “disclosure provisions” means provisions having effect for authorising, or otherwise in connection with, the disclosure of information by or to the principal regulator concerned.

10CDisclosure of information: supplementary

(1)In sections 10 and 10A above “relevant public authority” means—

(a)any government department (including a Northern Ireland department),

(b)any local authority,

(c)any constable, and

(d)any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(2)In section 10A above “relevant public authority” also includes any body or person within subsection (1)(d) above in a country or territory outside the United Kingdom.

(3)In sections 10 to 10B above and this section—

  • “enactment” has the same meaning as in the Charities Act 2006;

  • “Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005.

(4)Nothing in sections 10 and 10A above (or in those sections as applied by section 10B(1) to (4) above) authorises the making of a disclosure which—

(a)contravenes the Data Protection Act 1998, or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

105(1)Section 11 (supply of false or misleading information) is amended as follows.

(2)For “Commissioners” (in each place including the sidenote) substitute “Commission”.

(3)In subsection (1)(b) for “their functions” substitute “its functions”.

106In the heading for Part 4 for “and Commissioners” substitute “and Commission”.

107(1)Section 14 (application cy-près of gifts of donors unknown or disclaiming) is amended as follows.

(2)In subsection (6) for “the Commissioners so direct” substitute “the Commission so directs”.

(3)In subsection (8) for “the Commissioners” substitute “the Commission”.

(4)In subsection (9)—

(a)for “the Commissioners” (in both places) substitute “the Commission”, and

(b)for “they think fit” substitute “it thinks fit”.

108In the heading preceding section 16 for “Powers of Commissioners” substitute “Powers of Commission”.

109(1)Section 16 (concurrent jurisdiction of Commissioners with High Court) is amended as follows.

(2)In subsection (1) for “the Commissioners” substitute “the Commission”.

(3)In subsection (2)—

(a)for “the Commissioners for them” substitute “the Commission for it”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

(4)In subsection (3) for “The Commissioners” substitute “The Commission”.

(5)In subsection (4) for “the Commissioners shall not exercise their” substitute “the Commission shall not exercise its”.

(6)In subsection (5)—

(a)for “income from all sources does not in aggregate” substitute “gross income does not”, and

(b)for “the Commissioners may exercise their” substitute “the Commission may exercise its”.

(7)In subsection (6)—

(a)for “the Commissioners are” substitute “the Commission is”,

(b)for “the Commissioners have” substitute “the Commission has”,

(c)for “the Commissioners” (in the third and fourth places) substitute “the Commission”, and

(d)for “they act” substitute “it acts”.

(8)In subsection (7)—

(a)for “the Commissioners” (in the first and third places) substitute “the Commission”, and

(b)for “the Commissioners consider” substitute “the Commission considers”.

(9)In subsection (8)—

(a)for “The Commissioners” substitute “The Commission”, and

(b)for “their jurisdiction” substitute “its jurisdiction”.

(10)In subsection (9) for “the Commissioners shall give notice of their” substitute “the Commission shall give notice of its”.

(11)In subsection (10)—

(a)for “The Commissioners shall not exercise their” substitute “The Commission shall not exercise its”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

(12)Omit subsections (11) to (14).

(13)In subsection (15)(b) for “the Commissioners may exercise their” substitute “the Commission may exercise its”.

110(1)Section 17 (further power to make schemes or alter application of charitable property) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” (in both places) substitute “the Commission”, and

(b)for “by them” substitute “by the Commission”.

(3)In subsection (2) for “the Commissioners” substitute “the Commission”.

(4)In subsection (4) for “the Commissioners” (in both places) substitute “the Commission”.

(5)In subsection (6)—

(a)for “Commissioners” (in both places) substitute “Commission”,

(b)for “if they were” substitute “if the Commission was”,

(c)for “they act” substitute “it acts”, and

(d)for “to them” substitute “to it”.

(6)In subsection (7) for “the Commissioners” substitute “the Commission”.

(7)In subsection (8)—

(a)for “the Commissioners are” substitute “the Commission is”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

111(1)Section 18 (power to act for protection of charities) is amended as follows.

(2)In subsection (1)—

(a)for “after they have” substitute “after it has”,

(b)for “the Commissioners are” substitute “the Commission is”,

(c)for “the Commissioners may of their” substitute “the Commission may of its”,

(d)for “as they consider” substitute “as it considers”,

(e)for “the Commissioners” (in the third, fourth and fifth places) substitute “the Commission”, and

(f)for “a receiver” substitute “an interim manager, who shall act as receiver”.

(3)In subsection (2)—

(a)for “they have” substitute “it has”,

(b)for “the Commissioners are” substitute “the Commission is”, and

(c)for “the Commissioners may of their” substitute “the Commission may of its”.

(4)In subsection (4)—

(a)for “The Commissioners” substitute “The Commission”, and

(b)for “their own motion” substitute “its own motion”.

(5)In subsection (5)—

(a)for “The Commissioners may by order made of their” substitute “The Commission may by order made of its”,

(b)for “removed by them” substitute “removed by the Commission”, and

(c)for “the Commissioners are of” (in both places) substitute “the Commission is of”.

(6)In subsection (6)—

(a)for “the Commissioners” (in both places) substitute “the Commission”,

(b)for “their own motion” substitute “its own motion”, and

(c)for “by them” substitute “by it”.

(7)Omit subsections (8) to (10).

(8)In subsection (11) for “the Commissioners” substitute “the Commission”.

(9)In subsection (12)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “their intention” substitute “its intention”.

(10)In subsection (13)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “they think fit” substitute “it thinks fit”,

(c)for “by them” substitute “by it”,

(d)for “to them” substitute “to the Commission”, and

(e)for “they shall” substitute “the Commission shall”.

112(1)Section 19 (supplementary provisions relating to receiver and manager appointed for a charity) is amended as follows.

(2)For subsection (1) substitute—

(1)The Commission may under section 18(1)(vii) above appoint to be interim manager in respect of a charity such person (other than a member of its staff) as it thinks fit.

(3)In subsection (2)—

(a)for “the Commissioners” (in both places) substitute “the Commission”, and

(b)for “receiver and manager” substitute “interim manager”.

(4)In subsection (3) for “receiver and manager” (in both places) substitute “interim manager”.

(5)In subsection (4)—

(a)for “receiver and manager” substitute “interim manager”, and

(b)for “the Commissioners” substitute “the Commission”.

(6)In subsections (6)(c) and (7) for “the Commissioners” substitute “the Commission”.

(7)In the sidenote for “receiver and manager” substitute “interim manager”.

113After section 19B (inserted by section 21 of this Act) insert—

19CCopy of order under section 18, 18A, 19A or 19B, and Commission’s reasons, to be sent to charity

(1)Where the Commission makes an order under section 18, 18A, 19A or 19B, it must send the documents mentioned in subsection (2) below—

(a)to the charity concerned (if a body corporate), or

(b)(if not) to each of the charity trustees.

(2)The documents are—

(a)a copy of the order, and

(b)a statement of the Commission’s reasons for making it.

(3)The documents must be sent to the charity or charity trustees as soon as practicable after the making of the order.

(4)The Commission need not, however, comply with subsection (3) above in relation to the documents, or (as the case may be) the statement of its reasons, if it considers that to do so—

(a)would prejudice any inquiry or investigation, or

(b)would not be in the interests of the charity;

but, once the Commission considers that this is no longer the case, it must send the documents, or (as the case may be) the statement, to the charity or charity trustees as soon as practicable.

(5)Nothing in this section requires any document to be sent to a person who cannot be found or who has no known address in the United Kingdom.

(6)Any documents required to be sent to a person under this section may be sent to, or otherwise served on, that person in the same way as an order made by the Commission under this Act could be served on him in accordance with section 91 below.

114In section 22(3) (property vested in official custodian) for “the Commissioners” substitute “the Commission”.

115(1)Section 23 (divestment in case of land subject to Reverter of Sites Act 1987 (c. 15)) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” (in both places) substitute “the Commission”,

(b)for “by them of their own” substitute “by the Commission of its own”, and

(c)for “appear to them” substitute “appear to the Commission”.

(3)In subsection (2)—

(a)for “the Commissioners (of their own motion)” substitute “the Commission (of its own motion)”, and

(b)omit “or them”.

(4)In subsection (3)—

(a)for “the Commissioners” (in the first and second places) substitute “the Commission”, and

(b)for “the Commissioners is or are” substitute “the Commission is”.

116In section 24 (schemes to establish common investment funds), in subsections (1) and (2), for “the Commissioners” substitute “the Commission”.

117In section 25(1) (schemes to establish common deposit funds) for “the Commissioners” substitute “the Commission”.

118For the heading preceding section 26 substitute “Additional powers of Commission”.

119In section 26(1) (power to authorise dealings with charity property)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “they may” substitute “the Commission may”.

120(1)Section 27 (power to authorise ex gratia payments) is amended as follows.

(2)In subsection (1) for “the Commissioners” substitute “the Commission”.

(3)In subsection (2)—

(a)for “the Commissioners” (in both places) substitute “the Commission”, and

(b)for “by them” substitute “by the Commission”.

(4)In subsection (3)—

(a)for “the Commissioners for them” substitute “the Commission for it”,

(b)for “they are not” substitute “it is not”,

(c)for “they consider” substitute “the Commission considers”,

(d)for “by them” substitute “by the Commission”, and

(e)for “they shall” substitute “the Commission shall”.

(5)In subsection (4)—

(a)for “to them” substitute “to the Commission”, and

(b)for “the Commissioners determine” substitute “the Commission determines”.

121(1)Section 28 (power to give directions about dormant bank accounts) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” substitute “the Commission”,

(b)for “are informed” substitute “is informed”,

(c)for “are unable” substitute “is unable”, and

(d)for “they may give” substitute “it may give”.

(3)In subsection (3)—

(a)for “Commissioners” (in both places) substitute “Commission”,

(b)for “they consider” substitute “it considers”,

(c)for “to them” substitute “to the Commission”, and

(d)for “they have received” substitute “it has received”.

(4)In subsection (5)—

(a)for “the Commissioners have been” substitute “the Commission has been”,

(b)for “the Commissioners” (in the second and third places) substitute “the Commission”,

(c)for “they shall revoke” substitute “it shall revoke”, and

(d)for “by them” substitute “by it”.

(5)In subsection (7)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “them to discharge their functions” substitute “the Commission to discharge its functions”.

(6)In subsection (8)(a) for “the Commissioners are informed” substitute “the Commission is informed”.

(7)In subsection (9)—

(a)for “the Commissioners have” substitute “the Commission has”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

122(1)Section 30 (powers for preservation of charity documents) is amended as follows.

(2)In subsection (1) for “The Commissioners” substitute “The Commission”.

(3)In subsection (2) for “Commissioners” (in each place) substitute “Commission”.

(4)In subsection (3)—

(a)for “the Commissioners” (in the first place) substitute “the Commission”,

(b)for “with them” substitute “with the Commission”,

(c)for “officer of the Commissioners generally or specially authorised by them” substitute “member of the staff of the Commission generally or specially authorised by the Commission”.

(5)In subsection (4) for “the Commissioners” substitute “the Commission”.

(6)In subsection (5)—

(a)for “the Commissioners” substitute “the Commission”,

(b)for “by them” substitute “by the Commission”, and

(c)for “with them” substitute “with the Commission”.

123(1)Section 31 (power to order taxation of solicitor’s bill) is amended as follows.

(2)In subsection (1) for “The Commissioners” substitute “The Commission”.

(3)In subsection (3) for “the Commissioners are” substitute “the Commission is”.

124(1)Section 32 (proceedings by Commissioners) is amended as follows.

(2)In subsections (1) and (3) for “the Commissioners” substitute “the Commission”.

(3)In subsection (5)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “by them of their own” substitute “by the Commission of its own”.

(4)In the sidenote, for “Commissioners” substitute “Commission”.

125(1)Section 33 (proceedings by other persons) is amended as follows.

(2)In subsection (2) for “the Commissioners” substitute “the Commission”.

(3)In subsection (3)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “their opinion” substitute “its opinion”, and

(c)for “by them” substitute “by the Commission”.

(4)In subsections (5) and (6) for “the Commissioners” substitute “the Commission”.

(5)In subsection (7)—

(a)for “the Commissioners” (in both places) substitute “the Commission”, and

(b)for “they think” substitute “the Commission thinks”.

126In section 34 (report of inquiry to be evidence in certain proceedings), in subsections (1) and (2), for “the Commissioners” substitute “the Commission”.

127In section 35(1) (application of certain provisions to trust corporations) for “the Commissioners” substitute “the Commission”.

128(1)Section 36 (restrictions on dispositions) is amended as follows.

(2)In subsection (1)—

(a)for “sold” substitute “conveyed, transferred”, and

(b)for “the Commissioners” substitute “the Commission”.

(3)In subsection (3) after “subsection (5) below,” insert “the requirements mentioned in subsection (2)(b) above are that”.

(4)In subsection (5) after “consideration of a fine),” insert “the requirements mentioned in subsection (2)(b) above are that”.

(5)In subsection (6)—

(a)for “sold” substitute “conveyed, transferred”, and

(b)for “previously” substitute “before the relevant time”.

(6)After subsection (6) insert—

(6A)In subsection (6) above “the relevant time” means—

(a)where the charity trustees enter into an agreement for the sale, or (as the case may be) for the lease or other disposition, the time when they enter into that agreement, and

(b)in any other case, the time of the disposition.

(7)In subsection (8)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “the Commissioners are satisfied” substitute “the Commission is satisfied”, and

(c)for “for them” substitute “for the Commission”.

129In section 37 (supplementary provisions relating to dispositions), in subsections (2) and (4)—

(a)for “sold” substitute “conveyed, transferred”, and

(b)for “the Commissioners” substitute “the Commission”.

130In section 38(1) (restrictions on mortgaging) for “the Commissioners” substitute “the Commission”.

131(1)Section 39 (supplementary provisions relating to mortgaging) is amended as follows.

(2)In subsections (2)(a) and (4) for “the Commissioners” substitute “the Commission”.

(3)After subsection (4) insert—

(4A)Where subsection (3D) of section 38 above applies to any mortgage of land held by or in trust for a charity, the charity trustees shall certify in relation to any transaction falling within that subsection that they have obtained and considered such advice as is mentioned in that subsection.

(4B)Where subsection (4A) above has been complied with in relation to any transaction, then, in favour of a person who (whether under the mortgage or afterwards) has acquired or acquires an interest in the land for money or money’s worth, it shall be conclusively presumed that the facts were as stated in the certificate.

132In section 41(4) (obligation to preserve accounting records) for “the Commissioners consent” substitute “the Commission consents”.

133(1)Section 42 (annual statements of accounts) is amended as follows.

(2)After subsection (2) insert—

(2A)Such regulations may, however, not impose on the charity trustees of a charity that is a charitable trust created by any person (“the settlor”) any requirement to disclose, in any statement of accounts prepared by them under subsection (1) —

(a)the identities of recipients of grants made out of the funds of the charity, or

(b)the amounts of any individual grants so made,

if the disclosure would fall to be made at a time when the settlor or any spouse or civil partner of his was still alive.

(3)After subsection (7) add—

(8)Provisions about the preparation of accounts in respect of groups consisting of certain charities and their subsidiary undertakings, and about other matters relating to such groups, are contained in Schedule 5A to this Act (see section 49A below).

134(1)Section 43 (annual audit or examination of charity accounts) is amended as follows.

(2)In subsection (4) for “the Commissioners” (in both places) substitute “the Commission”.

(3)In subsection (5)—

(a)for “the Commissioners make” substitute “the Commission makes”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

(4)In subsection (6) for “the Commissioners” (in each place) substitute “the Commission”.

(5)In subsection (7)—

(a)for “The Commissioners” substitute “The Commission”, and

(b)for “they think” substitute “it thinks”.

135(1)Section 43A (annual audit or examination of English NHS charity accounts) is amended as follows.

(2)In subsection (2) for “the criterion set out in subsection (1) of section 43 is met in respect of” substitute “paragraph (a) or (b) of section 43(1) is satisfied in relation to”.

(3)In subsection (5)—

(a)for “The Commissioners” substitute “The Commission”, and

(b)for “they think” substitute “it thinks”.

136(1)Section 43B (annual audit or examination of Welsh NHS charity accounts) is amended as follows.

(2)In subsection (2) for “the criterion set out in subsection (1) of section 43 is met in respect of” substitute “paragraph (a) or (b) of section 43(1) is satisfied in relation to”.

(3)After subsection (4) add—

(5)References in this Act to an auditor or an examiner have effect in relation to this section as references to the Auditor General for Wales acting under this section as an auditor or examiner.

137(1)Section 44 (supplementary provisions relating to audits) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (b) after “section 43” insert “, 43A or 43B”,

(b)for paragraph (c) substitute—

(c)with respect to the making of a report—

(i)by an independent examiner in respect of an examination carried out by him under section 43 above; or

(ii)by an examiner in respect of an examination carried out by him under section 43A or 43B above;

(c)in each of paragraphs (d) and (e) after “independent examiner” insert “or examiner”, and

(d)in paragraph (f) for “the Commissioners” substitute “the Commission”.

(3)In subsection (2)—

(a)after “independent examiner” insert “or examiner”,

(b)for “the Commissioners” (in the first place) substitute “the Commission”, and

(c)for “the Commissioners think” substitute “the Commission thinks”.

(4)Omit subsection (3).

138(1)Section 45 (annual reports) is amended as follows.

(2)In subsection (2)(b) for “the Commissioners” substitute “the Commission”.

(3)In subsection (3)—

(a)for the words from “in any” to “expenditure” substitute “a charity’s gross income in any financial year”,

(b)before “the annual report” insert “a copy of”, and

(c)for “the Commissioners” (in both places) substitute “the Commission”.

(4)In subsection (3A)—

(a)for the words from “in any” to “exceeds” substitute “a charity’s gross income in any financial year does not exceed”,

(b)before “the annual report” insert “a copy of”,

(c)for “the Commissioners so request, be transmitted to them” substitute “the Commission so requests, be transmitted to it”, and

(d)for “the Commissioners” (in the second place) substitute “the Commission”.

(5)In subsection (4)—

(a)for “annual report transmitted to the Commissioners” substitute “copy of an annual report transmitted to the Commission”, and

(b)before “the statement”, and before “the account and statement”, insert “a copy of”.

(6)In subsection (5) before “annual report” insert “copy of an”.

(7)In subsection (6)—

(a)after “Any” insert “copy of an”,

(b)for “the Commissioners” (in both places) substitute “the Commission”, and

(c)for “they think fit” substitute “it thinks fit”.

(8)In subsection (7) for the words from “which they have not” onwards substitute “of which they have not been required to transmit a copy to the Commission.”

(9)In subsection (8) for “in subsection (3)” substitute “to subsection (3)”.

139(1)Section 46 (special provisions as respects accounts etc. of excepted charities) is amended as follows.

(2)In subsection (2) for “the Commissioners consent” substitute “the Commission consents”.

(3)For subsection (3) substitute—

(3)Except in accordance with subsections (3A) and (3B) below, nothing in section 43, 44, 44A or 45 applies to any charity which—

(a)falls within section 3A(2)(d) above (whether or not it also falls within section 3A(2)(b) or (c)), and

(b)is not registered.

(3A)Section 44A above applies in accordance with subsections (2A) and (2B) above to a charity mentioned in subsection (3) above which is also an exempt charity.

(3B)Sections 44 and 44A above apply to a charity mentioned in subsection (3) above which is also an English National Health Service charity or a Welsh National Health Service charity (as defined in sections 43A and 43B above).

(4)In subsection (4) for the words from “(other than” onwards substitute which—

(a)falls within section 3A(2)(b) or (c) above but does not fall within section 3A(2)(d), and

(b)is not registered.

(5)In subsection (5)—

(a)for “the Commissioners” (in the first place) substitute “the Commission”, and

(b)for “the Commissioners' request” substitute “the Commission’s request”.

(6)For subsection (7) substitute—

(7)The following provisions of section 45 above shall apply in relation to any report required to be prepared under subsection (5) above as if it were an annual report required to be prepared under subsection (1) of that section—

(a)subsection (3), with the omission of the words preceding “a copy of the annual report”, and

(b)subsections (4) to (6).

(7)Omit subsection (8).

140(1)Section 47 (public inspection of annual reports etc.) is amended as follows.

(2)In subsection (1)—

(a)for “Any annual report or other document kept by the Commissioners” substitute “Any document kept by the Commission”,

(b)for “the Commissioners so determine” substitute “the Commission so determines”, and

(c)for “they may” substitute “it may”.

(3)In subsection (2)(a) after “accounts” insert “or (if subsection (4) below applies) of its most recent annual report”.

(4)After subsection (3) add—

(4)This subsection applies if an annual report has been prepared in respect of any financial year of a charity in pursuance of section 45(1) or 46(5) above.

(5)In subsection (2) above the reference to a charity’s most recent annual report is a reference to the annual report prepared in pursuance of section 45(1) or 46(5) in respect of the last financial year of the charity in respect of which an annual report has been so prepared.

141(1)Section 48 (annual returns by registered charities) is amended as follows.

(2)In subsection (1) for “the Commissioners” substitute “the Commission”.

(3)In subsection (1A) for the words from “neither” to “exceeds” substitute “the charity’s gross income does not exceed”.

(4)In subsection (2)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “to them” substitute “to the Commission”.

(5)In subsection (3) for “The Commissioners” substitute “The Commission”.

142For section 49 (offences) substitute—

49Offences

(1)If any requirement imposed—

(a)by section 45(3) or (3A) above (taken with section 45(3B), (4) and (5), as applicable), or

(b)by section 47(2) or 48(2) above,

is not complied with, each person who immediately before the date for compliance specified in the section in question was a charity trustee of the charity shall be guilty of an offence and liable on summary conviction to the penalty mentioned in subsection (2).

(2)The penalty is—

(a)a fine not exceeding level 4 on the standard scale, and

(b)for continued contravention, a daily default fine not exceeding 10% of level 4 on the standard scale for so long as the person in question remains a charity trustee of the charity.

(3)It is a defence for a person charged with an offence under subsection (1) to prove that he took all reasonable steps for securing that the requirement in question would be complied with in time.

143(1)Section 50 (incorporation of trustees of charity) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” (in the first and third places) substitute “the Commission”,

(b)for “the Commissioners consider” substitute “the Commission considers”, and

(c)for “they think fit” substitute “the Commission thinks fit”.

(3)In subsection (2)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “to them” substitute “to the Commission”, and

(c)for “under section 3” substitute “in accordance with section 3A”.

144(1)Section 52 (applications for incorporation) is amended as follows.

(2)In subsection (1) for “the Commissioners” (in both places) substitute “the Commission”.

(3)In subsection (2)—

(a)for “The Commissioners” substitute “The Commission”, and

(b)for “they may specify” substitute “it may specify”.

145In section 53(1) (nomination of trustees, and filling up vacancies) for “the Commissioners” substitute “the Commission”.

146(1)Section 56 (power of Commissioners to amend certificate of incorporation) is amended as follows.

(2)In subsection (1)—

(a)for “The Commissioners” substitute “The Commission”, and

(b)for “of their own motion” substitute “of the Commission’s own motion”.

(3)In subsection (2)—

(a)for “of their own motion, the Commissioners” substitute “of its own motion, the Commission”,

(b)for “their proposals” substitute “its proposals”, and

(c)for “to them” substitute “to it”.

(4)In subsection (3)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “their proposals” substitute “its proposals”, and

(c)for “to them” substitute “to it”.

(5)In subsection (4) for “The Commissioners” substitute “The Commission”.

(6)In the sidenote, for “Commissioners” substitute “Commission”.

147(1)Section 57 (records of applications and certificates) is amended as follows.

(2)In subsection (1)—

(a)for “The Commissioners” substitute “The Commission”, and

(b)for “to them” substitute “to it”.

(3)In subsection (2)—

(a)for “the Commissioners” (in the first place) substitute “the Commission”, and

(b)for “the secretary of the Commissioners” substitute “a member of the staff of the Commission”.

148In section 58 (enforcement of orders and directions) for “the Commissioners” substitute “the Commission”.

149(1)Section 61 (power of Commissioners to dissolve incorporated body) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners are” substitute “the Commission is”,

(b)for “treated by them” substituted “treated by the Commission”, and

(c)for “they may of their own motion” substitute “the Commission may of its own motion”.

(3)In subsection (2)—

(a)for “the Commissioners are” substitute “the Commission is”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

(4)In subsection (4)—

(a)for “the Commissioners so direct” substitute “the Commission so directs”, and

(b)for “the Commissioners” (in the second place) substitute “the Commission”.

(5)Omit subsection (7).

(6)In the sidenote, for “Commissioners” substitute “Commission”.

150(1)Section 63 (winding up) is amended as follows.

(2)In subsection (2)—

(a)for “the Commissioners” substitute “the Commission”,

(b)for “they have instituted” substitute “it has instituted”, and

(c)for “they are satisfied” substitute “it is satisfied”.

(3)In subsection (3) for “the Commissioners” (in both places) substitute “the Commission”.

(4)In subsection (4) for “the Commissioners” (in both places) substitute “the Commission”.

(5)In subsection (5)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “by them of their own motion” substitute “by the Commission of its own motion”.

151In section 64(3) (alteration of objects clause) for “the Commissioner’s consent” substitute “the Commission’s consent”.

152In section 65(4) (invalidity of certain transactions) for “the Commissioners” substitute “the Commission”.

153In section 66 (requirement of consent of Commissioners to certain acts), in subsection (1) and the sidenote, for “Commissioners” substitute “Commission”.

154(1)Section 69 (investigation of accounts) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” substitute “the Commission”,

(b)for “they think fit” substitute “the Commission thinks fit”, and

(c)for “by them” substitute “by the Commission”.

(3)In subsections (2)(c) and (3) for “the Commissioners” substitute “the Commission”.

(4)In subsection (4)—

(a)for “the Commissioners” (in the first place) substitute “the Commission”, and

(b)for “the Commissioners think” substitute “the Commission thinks”.

155For the heading preceding section 72 substitute “Charity trustees”.

156(1)Section 72 (persons disqualified for being trustees of a charity) is amended as follows.

(2)In subsection (1)(d)(i) after “by the” insert “Commission or”.

(3)In subsection (4) for “The Commissioners” substitute “The Commission”.

(4)In subsection (6)—

(a)for “the Commissioners” (in the first place) substitute “the Commission”,

(b)for “they think fit” substitute “it thinks fit”,

(c)after “order of” insert “the Commission or”, and

(d)for “the Commissioners” (in the third place) substitute “the Commission”.

(5)After subsection (7) add—

(8)In this section “the Commissioners” means the Charity Commissioners for England and Wales.

157In section 73(4) (person acting as charity trustee while disqualified)—

(a)for “the Commissioners are” substitute “the Commission is”,

(b)for “they may by order” substitute “the Commission may by order”, and

(c)for “(as determined by them)” substitute “(as determined by the Commission)”.

158For the heading preceding section 74 substitute “Miscellaneous powers of charities”.

159In section 76(2) (local authority’s index of local charities)—

(a)for “the Commissioners” (in both places) substitute “the Commission”, and

(b)for “they will” substitute “it will”.

160In section 77(1) (reviews of local charities by local authority) for “the Commissioners” substitute “the Commission”.

161(1)Section 79 (parochial charities) is amended as follows.

(2)In subsection (1) for “the Commissioners” substitute “the Commission”.

(3)In subsection (2) for “the Commissioners” (in both places) substitute “the Commission”.

162(1)Section 80 (supervision by Commissioners of certain Scottish charities) is amended as follows.

(2)In subsection (1) for paragraph (c) and the “and” preceding it substitute—

(c)sections 19 to 19C, and

(d)section 31A,.

(3)In subsection (2)—

(a)for “the Commissioners are satisfied” substitute “the Commission is satisfied”,

(b)for “they may make” substitute “it may make”, and

(c)for “their approval” substitute “the Commission’s approval”.

(4)In subsection (3)—

(a)for “the Commissioners” substitute “the Commission”,

(b)for “their being” substitute “the Commission being”, and

(c)for “supplied to them” substitute “supplied to it”.

(5)In subsection (4)—

(a)for “the Commissioners are satisfied” substitute “the Commission is satisfied”,

(b)for “supplied to them” substitute “supplied to it”, and

(c)for “the Commissioners” (in the second place) substitute “the Commission”.

(6)In subsection (5)—

(a)for “Commissioners” (in each place) substitute “Commission”,

(b)for “they consider” substitute “it considers”, and

(c)for “they have received” substitute “it has received”.

(7)In the sidenote, for “Commissioners” substitute “Commission”.

163(1)Section 84 (supply by Commissioners of copies of documents open to public inspection) is amended as follows.

(2)For “The Commissioners” substitute “The Commission”.

(3)For “their possession” substitute “the Commission’s possession”.

(4)At the end add “or section 75D”.

(5)In the sidenote, for “Commissioners” substitute “Commission”.

164(1)Section 85 (fees and other amounts payable to Commissioners) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” (in both places) substitute “the Commission”, and

(b)for “kept by them” substitute “kept by the Commission”.

(3)In subsection (4)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “they consider” substitute “it considers”, and

(c)for “by them” substitute “by it”.

(4)In subsection (5) for “the Commissioners” substitute “the Commission”.

(5)In the sidenote, for “Commissioners” substitute “Commission”.

165(1)Section 86 (regulations and orders) is amended as follows.

(2)In subsection (2)(a)—

(a)after “17(2),” insert “73F(6)”, and

(b)after “99(2)” insert “or paragraph 6 of Schedule 1C”.

(3)In subsection (3)—

(a)for “the Commissioners” (in the first place) substitute “the Commission”, and

(b)for “the Commissioners consider” substitute “the Commission considers”.

(4)In subsection (4) after “above” insert “or Schedule 5A,”.

166(1)Section 87 (enforcement of requirement by order of Commissioners) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” substitute “the Commission”, and

(b)for “they consider” substitute “it considers”.

(3)In subsection (2) for “the Commissioners” (in both places) substitute “the Commission”.

(4)In the sidenote, for “Commissioners” substitute “Commission”.

167(1)Section 88 (enforcement of orders of Commissioners) is amended as follows.

(2)For paragraph (a) substitute—

(a)to an order of the Commission under section 9(1), 19A, 19B, 44(2), 61, 73, 73C or 80 above; or.

(3)In paragraphs (b) and (c) for “the Commissioners” substitute “the Commission”.

(4)For “the Commissioners to” substitute “the Commission to”.

(5)In the sidenote, for “Commissioners” substitute “Commission”.

168(1)Section 89 (other provisions as to orders of Commissioners) is amended as follows.

(2)In subsection (1)—

(a)for “the Commissioners” (in the first place) substitute “the Commission”,

(b)for “the Commissioners think” substitute “the Commission thinks”,

(c)for “the Commissioners exercise” substitute “the Commission exercises”, and

(d)for “to them, they may” substitute “to it, it may”.

(3)In subsection (2)—

(a)for “the Commissioners make” substitute “the Commission makes”,

(b)for “they may themselves” substitute “the Commission may itself”, and

(c)for “they think fit” substitute “it thinks fit”.

(4)In subsection (3)—

(a)for “The Commissioners” substitute “The Commission”,

(b)for “they have” substitute “it has”,

(c)for “they are” substitute “it is”, and

(d)for “to them” substitute “to it”.

(5)In subsection (4) for “the Commissioners” substitute “the Commission”.

(6)At the end add—

(5)Any order made by the Commission under any provision of this Act may be varied or revoked by a subsequent order so made.

(7)In the sidenote, for “Commissioners” substitute “Commission”.

169In section 90 (directions of the Commissioners) for “the Commissioners” (in each place including the sidenote) substitute “the Commission”.

170In section 91 (service of orders and directions), in subsections (1), (4) and (5), for “the Commissioners” (in each place) substitute “the Commission”.

171Omit section 92 (appeals from Commissioners).

172In section 93 (miscellaneous provisions as to evidence), for subsection (3) substitute—

(3)Evidence of any order, certificate or other document issued by the Commission may be given by means of a copy which it retained, or which is taken from a copy so retained, and evidence of an entry in any register kept by it may be given by means of a copy of the entry, if (in each case) the copy is certified in accordance with subsection (4).

(4)The copy shall be certified to be a true copy by any member of the staff of the Commission generally or specially authorised by the Commission to act for that purpose.

(5)A document purporting to be such a copy shall be received in evidence without proof of the official position, authority or handwriting of the person certifying it.

(6)In subsection (3) above “the Commission” includes the Charity Commissioners for England and Wales.

173(1)Section 96 (construction of references to a “charity” etc.) is amended as follows.

(2)In subsection (1) for the definition of “charity” substitute—

“charity” has the meaning given by section 1(1) of the Charities Act 2006;.

(3)Omit—

(a)in the definition of “exempt charity” in subsection (1), the words “(subject to section 24(8) above)”, and

(b)subsection (4).

(4)In subsections (5) and (6) for “The Commissioners” substitute “The Commission”.

174In section 97(1) (interpretation)—

(a)in the definition of “charitable purposes”, for “charitable according to the law of England and Wales;” substitute “charitable purposes as defined by section 2(1) of the Charities Act 2006;”;

(b)for the definition of “the Commissioners” substitute—

“the Commission” means the Charity Commission;;

(c)in the definition of “institution”, after ““institution”” insert “means an institution whether incorporated or not, and”; and

(d)at the appropriate place insert—

“members”, in relation to a charity with a body of members distinct from the charity trustees, means any of those members;

“the Minister” means the Minister for the Cabinet Office;

“principal regulator”, in relation to an exempt charity, means the charity’s principal regulator within the meaning of section 13 of the Charities Act 2006;

“the Tribunal” means the Charity Tribunal;.

175In section 97(3) (general interpretation) for “Part IV or IX” substitute “Part 4, 7, 8A or 9”.

176In section 100(3) (extent) for “Section 10” substitute “Sections 10 to 10C”.

177In paragraph (a) of Schedule 2 (exempt charities) for “the Commissioners” (in the first place) substitute “the Charity Commissioners for England and Wales”.

178(1)Schedule 5 (meaning of “connected person” for the purposes of section 36(2)) is amended as follows.

(2)In paragraph 1 for the words preceding paragraphs (a) to (g) substitute—

(1)In section 36(2) of this Act “connected person”, in relation to a charity, means any person who falls within sub-paragraph (2)—

(a)at the time of the disposition in question, or

(b)at the time of any contract for the disposition in question.

(2)The persons falling within this sub-paragraph are—.

(3)Paragraphs (a) to (g) of paragraph 1 become paragraphs (a) to (g) of sub-paragraph (2) (as inserted by sub-paragraph (2) above).

(4)After paragraph (e) of sub-paragraph (2) (as so inserted) insert—

(ea)a person carrying on business in partnership with any person falling within any of sub-paragraphs (a) to (e) above;;

and in paragraph (f)(i) of that sub-paragraph, for “(e)” substitute “(ea)”.

(5)In paragraph 2—

(a)in sub-paragraph (1), for “1(c)” substitute “1(2)(c)”,

(b)in sub-paragraph (2), for “1(e)” substitute “1(2)(e)”, and

(c)after that sub-paragraph add—

(3)Where two persons of the same sex are not civil partners but live together as if they were, each of them shall be treated for those purposes as the civil partner of the other.

(6)In paragraph 3 for “1(f)” substitute “1(2)(f)”.

(7)In paragraph 4(1) for “1(g)” substitute “1(2)(g)”.

Deregulation and Contracting Out Act 1994 (c. 40)

179(1)Section 79 of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2) is amended as follows.

(2)For subsection (3)(a) substitute—

(a)any reference to a Minister included a reference to the Forestry Commissioners or to the Charity Commission;

(b)any reference to an officer in relation to the Charity Commission were a reference to a member or member of staff of the Commission; and.

(3)In subsection (4) after “those Commissioners” insert “or that Commission”.

Pensions Act 1995 (c. 26)

180In section 107(1) of the Pensions Act 1995 (disclosure for facilitating discharge of functions by other supervisory authorities), for the entry in the Table relating to the Charity Commissioners substitute—

The Charity Commission.Functions under the Charities Act 1993 or the Charities Act 2006.

Reserve Forces Act 1996 (c. 14)

181(1)Schedule 5 to the Reserve Forces Act 1996 (charitable property on disbanding of units) is amended as follows.

(2)In paragraph 1(2) for “the Charity Commissioners” substitute “the Charity Commission”.

(3)In paragraph 4(1)—

(a)for “Charity Commissioners consider” substitute “Charity Commission considers”, and

(b)for “they” substitute “it”.

(4)In paragraph 5(2)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “the Commissioners” (in both places) substitute “the Commission”.

(5)In paragraph 6—

(a)for “Charity Commissioners” substitute “Charity Commission”,

(b)for “the Commissioners” substitute “the Commission”, and

(c)for “their” substitute “its”.

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

182In section 6(7) of the Trusts of Land and Appointment of Trustees Act 1996 (limitation on general powers of trustees) for “Charity Commissioners” substitute “Charity Commission”.

Housing Act 1996 (c. 52)

183The Housing Act 1996 has effect subject to the following amendments.

184In section 3(3) (registration as social landlord) for “Charity Commissioners” substitute “Charity Commission”.

185In section 4(6) (removal from the register of social landlords) for “Charity Commissioners” substitute “Charity Commission”.

186In section 6(3) (notice of appeal against decision on removal) for “Charity Commissioners” substitute “Charity Commission”.

187In section 44(3) (consultation on proposals as to ownership and management of landlord’s land) for “Charity Commissioners” substitute “Charity Commission”.

188In section 45(4) (service of copy of agreed proposals) for “Charity Commissioners” substitute “Charity Commission”.

189In section 46(2) (notice of appointment of manager to implement agreed proposals) for “Charity Commissioners” substitute “Charity Commission”.

190In section 56(2) (meaning of “the Relevant Authority”) for “Charity Commissioners” substitute “Charity Commission”.

191In section 58(1)(b) (definitions relating to charities)—

(a)for “under section 3” substitute “in accordance with section 3A”, and

(b)omit the words from “and is not” onwards.

192(1)Schedule 1 (regulation of registered social landlords) is amended as follows.

(2)In paragraph 6(2) (exercise of power to appoint new director or trustee) for “Charity Commissioners” substitute “Charity Commission”.

(3)In paragraph 10 (change of objects by certain charities)—

(a)in sub-paragraphs (1) and (2) for “Charity Commissioners” (in each place) substitute “Charity Commission”, and

(b)in sub-paragraph (2) for “their” substitute “its”.

(4)In paragraph 18(4), for paragraphs (a) and (b) and the words following them substitute—

(a)the charity’s gross income arising in connection with its housing activities exceeds the sum for the time being specified in section 43(1)(a) of the Charities Act 1993, or

(b)the charity’s gross income arising in that connection exceeds the accounts threshold and at the end of that period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities exceeds the sum for the time being specified in section 43(1)(b) of that Act;

and in this sub-paragraph “gross income” and “accounts threshold” have the same meanings as in section 43 of the Charities Act 1993.

(5)In paragraph 28(4) (notification upon exercise of certain powers in relation to registered charities) for “Charity Commissioners” substitute “Charity Commission”.

School Standards and Framework Act 1998 (c. 31)

193The School Standards and Framework Act 1998 has effect subject to the following amendments.

194(1)Section 23 is amended as follows.

(2)In subsection (1) (certain school bodies to be charities that are exempt charities) omit “which are exempt charities for the purposes of the Charities Act 1993”.

(3)After that subsection insert—

(1A)Any body to which subsection (1)(a) or (b) applies is an institution to which section 3A(4)(b) of the Charities Act 1993 applies (institutions to be excepted from registration under that Act).

(4)In subsection (2) (connected bodies that are to be exempt charities) for the words from “also” onwards substitute “be treated for the purposes of section 3A(4)(b) of the Charities Act 1993 as if it were an institution to which that provision applies.”

(5)In subsection (3) (status of certain foundations) for the words from “which (subject” onwards substitute “, and is an institution to which section 3A(4)(b) of the Charities Act 1993 applies.”

195In Schedule 1 (education action forums), in paragraph 10, for the words from “which is” onwards substitute “within the meaning of the Charities Act 1993, and is an institution to which section 3A(4)(b) of that Act applies (institutions to be excepted from registration under that Act).”

Cathedrals Measure 1999 (No. 1)

196In section 34 of the Cathedrals Measure 1999 (charities) for “Charity Commissioners” substitute “Charity Commission”.

Trustee Act 2000 (c. 29)

197In section 19(4) of the Trustee Act 2000 (guidance concerning persons who may be appointed as nominees or custodians) for “Charity Commissioners” substitute “Charity Commission”.

Churchwardens Measure 2001 (No. 1)

198In section 2(1) of the Churchwardens Measure 2001 (person disqualified from being churchwarden if disqualified from being a charity trustee)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “them” substitute “it”.

Licensing Act 2003 (c. 17)

199In Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) in paragraph 5(4)—

(a)for “under section 3” substitute “in accordance with section 3A”, and

(b)for “subsection (5)” substitute “subsection (2)”.

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

200The Companies (Audit, Investigations and Community Enterprise) Act 2004 has effect subject to the following amendments.

201In section 39 (existing companies: charities), in subsections (1) and (2), for “Charity Commissioners” substitute “Charity Commission”.

202In section 40 (existing companies: Scottish charities), in subsections (4)(b) and (6), for “Charity Commissioners” substitute “Charity Commission”.

203In section 54(7) (requirements for becoming a charity or a Scottish charity)—

(a)for “Charity Commissioners” substitute “Charity Commission”, and

(b)for “their” substitute “its”.

204In paragraph 4 of Schedule 3 (regulator of community interest companies)—

(a)for “Chief Charity Commissioner” substitute “chairman of the Charity Commission”, and

(b)for “any officer or employee appointed under paragraph 2(1) of Schedule 1 to the Charities Act 1993 (c. 10)” substitute “any other member of the Commission appointed under paragraph 1(2) of Schedule 1A to the Charities Act 1993 or any member of staff of the Commission appointed under paragraph 5(1) of that Schedule”.

Pensions Act 2004 (c. 35)

205The Pensions Act 2004 has effect subject to the following amendments.

206In Schedule 3 (certain permitted disclosures of restricted information held by the Regulator), for the entry relating to the Charity Commissioners substitute—

The Charity Commission.Functions under the Charities Act 1993 (c. 10) or the Charities Act 2006.

207In Schedule 8 (certain permitted disclosures of restricted information held by the Board), for the entry relating to the Charity Commissioners substitute—

The Charity Commission.Functions under the Charities Act 1993 (c. 10) or the Charities Act 2006.

Constitutional Reform Act 2005 (c. 4)

208In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices etc.) after the entries relating to section 6(5) of the Tribunals and Inquiries Act 1992 insert—

President of the Charity TribunalParagraph 1(2) of Schedule 1B to the Charities Act 1993 (c. 10).
Legal member of the Charity Tribunal
Ordinary member of the Charity Tribunal

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

209The Charities and Trustee Investment (Scotland) Act 2005 has effect subject to the following amendments.

210In section 36(1) (powers of OSCR in relation to English and Welsh charities)—

(a)for “Charity Commissioners for England and Wales inform” substitute “Charity Commission for England and Wales informs”,

(b)for “under section 3” substitute “in accordance with section 3A”, and

(c)for “section 3(5) of that Act,” substitute “subsection (2) of that section,”.

211In section 69(2)(d)(i) (persons disqualified from being charity trustees)—

(a)at the beginning insert “by the Charity Commission for England and Wales under section 18(2)(i) of the Charities Act 1993 or”, and

(b)for “under section 18(2)(i) of the Charities Act 1993 (c. 10),” substitute “, whether under section 18(2)(i) of that Act or under”.

Equality Act 2006 (c. 3)

212(1)The Equality Act 2006 has effect subject to the following amendments.

(2)In section 58(2) (charities relating to religion or belief)—

(a)for “Charity Commissioners for England and Wales” substitute “Charity Commission”, and

(b)for “the Commissioners” substitute “the Commission”.

(3)In section 79(1)(a) (interpretation) after “given by” insert “section 1(1) of”.

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